RENTAL
• Canada ₀ The government has undertaken aid initiatives under the Government of Canada ’ s Economic Response Plan for Covid-19 , including support for Canadians such as the payment of their rent . At the provincial level , action has also been taken . In the province of British Columbia , the authorities have put in place the following short-term provisions :
₀ A temporary rent payment for low- and middle-income households , up to CAD500 per month , paid directly into the landlord ’ s account . ₀ Prohibition of evictions subject to exceptional cases . ₀ Temporary halt to all evictions by the Residential Tenants Division , subject to exceptional cases .
₀ Freezing of rent increases planned for this year during the state of emergency .
₀ Homeowners are prohibited from accessing rented properties without the consent of tenants , subject to exceptional cases
EXAMPLES OF SOME ACTIONS TAKEN OR SUGGESTED IN AFRICA
• South Africa Since the beginning of the national state of disaster , measures have been taken by the public authorities to reduce the impact of the pandemic on the South African rental market . Since 26 March 2020 , the official date of the beginning of the lockdown in the country , the government has promulgated a special regulation contained in the Governing Gazette of March26 , 2020 ( Gazette ) which touches on points relating to the real estate sector . Article 5 ( f ) states that “ all evictions and enforcement of foreclosure orders , securities and real estate including the movement or removal of personal assets and the sale in execution is suspended with immediate effect for the duration of the lockdown .”
Article 5 ( f ) has a direct impact on evictions that could result from unpaid rents due to the pandemic , and even on evictions that were issued long before the health crisis began . 1 However , this moratorium is temporary and cannot protect the parties once the lockdown is over . Besides , for the duration of the lockdown , a tenant cannot be forced to leave his or her home even if another tenant is waiting for the rented property . The future tenant will have to wait in his or her current home and will not be able to move in until after the lockdown has been lifted . Nevertheless , all rent is required to be paid , and this even in the event of termination of the lease , as long as the tenant remains in the rented property because of the lockdown . Tenants in a sensitive financial situation are required to notify their landlords and negotiate new terms . 2 All extraordinary measures detailed in the Gazette take precedence over all existing contracts . 3
It should also be noted that real estate professionals in general and rental real estate in particular are looking into the situation by proposing approaches to mitigate the negative impacts of this crisis on the rental housing market . Dave McGlashan , Chief Operating Officer of the SA Property Investors Network , advised homeowners “... to deal with the situation by setting up a security deposit or a rent deferral agreement ” 4 with their tenants . These measures should be extended and applicable to tenants who have always demonstrated good faith and who have always paid their rents on time before the pandemic started . Some other bilateral agreements recommended by some professionals in the sector concern contractual arrangements of the parties ( owners and tenants ) in the adoption of measures that best serve their interests . 5 These include : 1 . The Income Declaration Agreement ( IDA ). This agreement allows any tenant to declare to his landlord that his income has been reduced as a result of the lockdown , either in part or in total , because of dismissal , temporary unpaid leave ; or because of reduced working hours . The lessor , in turn , can verify the allegations with the tenant ’ s employer and even request additional documents justifying the tenant ’ s current employment status .
2 . The Caution Use Agreement ( CUA ). This allows the tenant to authorise , or not , the use of his deposit to replace the unpaid rent by committing to the payment of this deposit once the lockdown has been lifted .
3 . The Rent Deferral Agreement ( RDA ). This simply allows landlords to confirm in writing an agreement for the subsequent payment of unpaid rent at a future date . The RDA has legal force and is legally binding .
• Côte d ’ Ivoire The Minister of Construction , Housing and Town Planning , Bruno N . Koné , recognised the issue of the landlord and tenant relationship in these times of crisis and thus suggested six measures relating to the payment of rents . These measures include : 6 1 . The prohibition of any rent increase for any type of lease agreement .
2 . Suspension of all evictions except those following a court decision and suspension of rent payments for those whose economic activities are interrupted for three months from 1April 2020 .
3 . Rent reduction or deferral that will be refundable in 12 months .
4 . Deferral of payment of taxes for lessors who have accepted a reduction in rents .
5 . The establishment of a Housing Solidarity Fund financed by the economic , social and humanitarian support plan to the amount of FCFA1700-billion ( USD2814002734 . 47 )
1 Eviction Lawyers South Africa . ( 2020 ). Time to hit the “ pause ” button on evictions ? 24 March 2020 . https :// www . eviction-specialists . co . za / blog . ( Accessed 13 May 2020 ). 2 Ibid . 3 Ibid . 4 Dimmer , K . ( 2020 ). Solutions for landlords and tenants impacted by lockdown . 31 March 2020 . Private Property . https :// www . privateproperty . co . za / advice / news / articles / solutions-for-landlords-and-tenants-impacted-by-lockdown / 7468 . ( Accessed 13 May 2020 ). 5 Ibid . 6 Kamgate , I . ( 2020 ). Covid-19 : The Ivorian government decides whether to reduce rents or postpone payment for three months . 9 April 2020 . Financial Afrik . https :// www . financialafrik . com / 2020 / 04 / 09 / covid-19-le-gouvernement-ivoirien-decide-soit-de-la-reduction-deloyers-ou-le-report-de-trois-mois-du-paiement /. ( Accessed 13 May 2020 ).
24 NOVEMBER - DECEMBER 2020 SAAffordHousing saaffordablehousingmag SA Affordable Housing www . saaffordablehousing . co . za